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Alaska · TitleAlaska lis pendens: recording the notice and who it binds

In an Alaska action affecting the title to or right of possession of real property, the plaintiff – when filing the complaint or afterwards – and a defendant claiming affirmative relief, when filing the answer or afterwards, may record in the office of the recorder of the recording district where the property lies a notice of the pendency of the action, giving the names of the parties, the object of the action or defense and a description of the property in that district (AS 09.45.940). From the time the notice is recorded, a purchaser, the holder of a contract or option to purchase, or an encumbrancer of the property has constructive notice of the pending action and of its pendency against the parties named by their real names (AS 09.45.940).

What the statutes set

  1. Which actions (09.45.940)

    Actions affecting title to or possession of real property.

  2. Who records (09.45.940)

    The plaintiff, or a defendant claiming affirmative relief.

  3. Where (09.45.940)

    The recorder of the recording district where the property lies.

  4. Effect (09.45.940)

    Constructive notice to buyers, contract and option holders and encumbrancers.

What the TC does when an Alaska listing has a recorded lis pendens

  • Get the recorded notice and the case number from the title commitment.
  • Tell the buyer's attorney right away – the notice binds buyers and option holders.
  • Track the recorded release or dismissal as a closing condition.

Questions about Alaska lis pendens

Where is an Alaska lis pendens recorded?

With the recorder of the recording district in which the property is situated (AS 09.45.940).

Does an Alaska lis pendens bind someone with an option to buy?

Yes. From recording, a holder of a contract or option to purchase has constructive notice of the action (AS 09.45.940).

Related guides

Track the release of the notice as a closing condition on the deal in ClosingCode.

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Source: AS 09.45.940 (akleg.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.